United States District Court, D. Nevada
D. YARON, TODD L.MOODY, HUTCHISON & STEFFEN ATTORNEYS,
Attorneys for Defendants, Counter-Claimants, and Third-Party
Plaintiffs JOHN PETER LEE, LTD., and the ESTATE OF JOHN PETER
HILL, PLLC, NICHOLAS M. WIECZOREK, Attorney for Plaintiff and
Counter-Defendant EVANSTON INSURANCE COMPANY.
LITCHFIELD CAVO, LLP, GRIFFITH H. HAYES, Attorneys for
Third-Party Defendant HARLEY E. HARMON INSURANCE AGENCY, INC.
WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC, JEREMY R.
ALBERTS, HOWARD J. RUSSELL, D. LEE ROBERTS, JR., DAVID J.
LARSON, Attorneys for Defendants 70 LIMITED PARTNERSHIP and
STIPULATION AND PROPOSED ORDER, PURSUANT TO LOCAL
RULE IA 6-1, TO EXTEND THE DEADLINE FOR FILING A PROPOSED
SCHEDULING ORDER (THIRD REQUEST)
matter was stayed effective December 5, 2014, when Magistrate
Judge Nancy J. Koppe issued an Order staying this action
pending the resolution of the malpractice lawsuit, entitled
70 Limited Partnership, et al. v. John Peter Lee, Ltd.,
et al., Case No. A-13-691389-C, Eighth Judicial
District, State of Nevada, Clark County
Malpractice action involved allegations of attorney
malpractice by John Peter Lee, Ltd., and John Peter Lee in
connection with their work on an inverse condemnation case,
captioned 70 Limited Partnership, et al. v. McCarron
International Airport and Clark County, Clark County
District Court, Case no A572739 ("McCarron
action"). Moreover, the case, captioned F &C
Collections, Inc. and John Peter Lee, Ltd., v. Estate of
Thomas T. Beam, Jimma Lee Beam Revocable Trust, 70 Limited,
LLC, Leigh, T&D, Inc., Jimma Lee Beam (deceased), Tertia
Dvorchak and Bank of Nevada, Clark County District
Court, Case No. A-13-680570-B ("Collection
action"), began when John Peter Lee, Ltd., sought to
recover the fees/costs earned prosecuting the
McCarron action. The Malpractice action was
filed after the Collection action approximately
seven and one-half months later. On or about April 25, 2014,
the Malpractice action was consolidated with the
settlement was reached in the Collection action, and
Malpractice action was dismissed. In light of these
developments, the parties recently requested the Court lift
the stay. The Court lifted the Stay effective August 17,
2017, and ordered the parties to file a proposed scheduling
order by August 24, 2017.
matter involves six parties. These parties are: (1) Evanston
Insurance Company, (2) 70 Limited Partnership, (3) Tertia
Dvorchak, (4) John Peter Lee, LTD., (5) the Estate of John
Peter Lee, and (6) Harley E. Harmon Insurance Agency, Inc.
Evanston Insurance Company, is the professional liability
insurer of the deceased John Peter Lee and Mr. Lee's law
firm - John Peter Lee, Ltd. Mr. Lee passed away during the
time that this matter was stayed, 70 Limited Partnership and
Tertia Dvorchak brought the Malpractice action
against Mr, Lee and John Peter Lee, Ltd. The Estate of John
Peter Lee and John Peter Lee, Ltd., filed a Third-Party
Complaint against John Peter Lee, Ltd.'s insurance
broker, Harley E. Harmon Insurance Agency, Inc., for claims
related to the Malpractice action.
second half of August of 2017, the parties commenced
settlement discussions. The parties requested that the
deadline for filing a proposed Scheduling Order be extended
from August 24, 2017 to September 6, 2017, so that the
parties would have time to continue their settlement
discussions. The Court granted the request and signed the
Stipulation. Thereafter, the parties made a second request
that the deadline for filing a proposed Scheduling Order be
extended from September 6, 2017 to September 13, 2017, for
the parties to continue their settlement discussions. The
Court granted the request and signed the Stipulation.
the past three weeks, the parties have continued settlement
discussions. All claims between Evanston Insurance Company,
on the one hand, and John Peter Lee, LTD., and the Estate of
John Peter Lee, on the other hand, have been tentatively
settled. The claims asserted by Evanston Insurance Company
against Tertia Dvorchak and 70 Limited Partnership have been
tentatively settled. The only remaining claim is the claim of
John Peter Lee, LTD., and the Estate of John Peter-Lee, on
the other hand, against Harley E. Harmon Insurance Agency,
Inc., on the other hand. There are ongoing settlement
negotiations related to the remaining claim.
parties request that the deadline for filing a proposed
Scheduling Order be extended 9 days to provide additional
time for the parties involved to continue their settlement
discussions. If the remaining settlement discussions are
successful, then the entire matter, including Counterclaims
and Third-Party Complaints, will be dismissed. If the
settlement discussions are unsuccessful, then the parties
will prepare and file a proposed Scheduling Order on or
before September 22, 2017.
Parties hereby stipulate that the deadline to file the
proposed Scheduling Order be ...